Rule 70A explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 70A lets the Controller issue a certificate of inventorship to an inventor for a patent that is in force, on the inventor's request in Form 8A with the prescribed fee. It also provides for a duplicate certificate if the original is lost, destroyed or damaged. The rule was inserted by the Patents (Amendment) Rules, 2024.
The Controller may issue a certificate of inventorship to an inventor in respect of a patent in force, on a request made by the inventor in Form 8A with the First Schedule fee (rule 70A(1)). A duplicate may be issued on a request in Form 8A containing a statement of the circumstances in which the original was lost, destroyed, damaged or cannot be produced (rule 70A(2)). The fee is entry 12 of the 2024 table. The certificate does not confer or derogate from any rights under the patent.
What the rule provides
Rule 70A was inserted after rule 70 by the Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024). It has two sub-rules.
(1) "The Controller may issue a certificate of inventorship to an inventor in respect of a patent in force, on a request made by the inventor in Form-8A along with fee specified in the First Schedule."
(2) "The Controller may issue a duplicate certificate of inventorship to an inventor in respect of a patent in force on a request made by the inventor in Form-8A along with the fee specified in the First Schedule and such request shall contain a statement setting out the circumstances in which the original certificate of inventorship was lost, destroyed, damaged or cannot be produced."
Several features stand out.
- Discretion. The Controller "may" issue. The rule does not say on what grounds he may decline, and the text is silent on that.
- Who asks. The request is "made by the inventor". An applicant company or assignee that is not the inventor is not the person the rule names.
- Which patent. Only a "patent in force". For a patent that has lapsed or ended, the rule gives no route; the text is silent.
- Form and fee. Form 8A with the fee in the First Schedule.
- Duplicate. The same form, with a statement of circumstances of loss, destruction, damage or inability to produce.
The Act background is section 28 and the mention of inventors; see our guide on sections 26-28 of the Patents Act, 1970. The certificate is a separate thing from the mention of the inventor in the patent documents, which is explained in our article on rules 66 to 70.
Who should read this
The rule is relevant to employee-inventors who want a record of their inventorship that they can hold, to co-inventors, to inventors who have assigned their patent to a company and want recognition, and to patent agents who advise them. The inventor asks; the assignee does not. For help with an inventor's request or with a related dispute, see our legal consultation service.
Form 8A
The Patents (Amendment) Rules, 2024 added Form 8A to the Second Schedule's list of forms against "Rule 70A", titled "Certificate of inventorship". The printed form reads as follows in outline.
| Part | Content |
|---|---|
| Heading | The Patents Act, 1970 and the Patents Rules, 2003; "Certificate of Inventorship"; "" |
| Item 1: Name of the inventor and patent number | The inventor states that he or she is an inventor in respect of a named patent number and requests a "Certificate of Inventorship"; or, as an alternative, requests a duplicate certificate and states the circumstances in which the original was lost, destroyed, damaged or cannot be produced |
| Item 2: Signature of the inventor and date | Signature and the date of filing; the form states that certain information is mandatorily required: the name of the inventor who signed, the Aadhaar number (for Indian inventors), address (house number, street, city, state, country, pin code), a mobile number and an email address, with OTP verification marked mandatory for the last two |
| Addressee | The Controller of Patents, the Patent Office, at the place stated |
| Note | "This Certificate does not, in any manner whatsoever, confer or derogate from any rights under the patent." |
Two aspects deserve attention. First, the form builds in both choices, original and duplicate, so an applicant should strike or leave the option that does not apply. Second, the form requires identity details that are specific to the inventor personally. This is consistent with rule 70A(1), which says the request is made "by the inventor".
The closing note matters in practice: the certificate is a recognition document, and by its own wording it neither adds to nor takes away from rights under the patent. It does not change who owns the patent, and it does not alter any assignment or licence.
Fee for the certificate
Entry 12 of Table I of the First Schedule as substituted in 2024 is headed "Certificate of inventorship under rule 70A", with Form 8A shown as the relevant form. As per the First Schedule as substituted in 2024:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 900 | Rs 1,000 |
| Others | Not applicable | Not applicable |
The head is allowed in both modes for the first column. "Not applicable" in the "others" column is consistent with the rule's wording that the request is made by the inventor, a natural person. The table has no separate line for the duplicate certificate, so the single entry 12 is the fee head named for rule 70A; the text does not separate the two cases.
Practical example
Neha is a research engineer at a battery company. A patent for a cell-cooling design, on which she is a named inventor, was granted to the company two years ago and is in force. The company holds all rights by assignment. Neha wants a certificate in her own name that records her inventorship. She files Form 8A herself, marks the request for a certificate of inventorship, gives the patent number, signs, provides her Aadhaar number, address, mobile number and email, completes the OTP verification and pays the entry 12 fee as a natural person. Three years later she loses the original certificate in a house move. She files Form 8A again, this time marking the duplicate option and writing a short account of how the original was lost. Neither certificate gives her any right over the patent; its note says as much, and the company continues to hold the rights it was assigned.
Practical points
- Check that the patent is in force on the date of the request; the rule speaks only of "a patent in force".
- The inventor files. A company or agent should not file in its own name unless the inventor signs as the form requires.
- For a duplicate, state the circumstances of loss, destruction, damage or inability to produce.
- Do not treat the certificate as proof of ownership; its note says it neither confers nor derogates from rights under the patent.
- The Controller "may" issue; there is no stated time limit in the rule for the decision.
- Check the portal and the current First Schedule, since forms and fees can change after the Second Amendment Rules, 2024.
Related provisions
The ordinary route for naming an inventor in a patent is section 28 with Form 8 (rules 66 to 70). The certificate under rule 70A is an additional document and does not replace that route. For the grant certificate that the Controller issues to the patentee, see our guide on the patent grant and certificate and, for the rule on its form, our article on rule 74.
Need help with a certificate of inventorship?
If you are an inventor who wants recognition for work assigned to an employer, or an employer who wants to support its inventors, the paperwork is simple but the identity details and timing matter. TaxClue can help prepare Form 8A and advise on the related records; see our legal consultation service.
Key takeaways
- Rule 70A, inserted in 2024, lets the Controller issue a certificate of inventorship to an inventor for a patent in force.
- The request is made by the inventor in Form 8A with the First Schedule fee; a duplicate needs a statement of the circumstances of loss, destruction or damage.
- Fee: entry 12, Rs 900 in e-filing or Rs 1,000 in physical filing for the natural-person column; not applicable in the "others" column.
- The certificate neither confers nor derogates from any rights under the patent.
- Later amendments to the Rules, forms and fees should be checked.
Read next
- Sections 26-28 of the Patents Act, 1970: obtaining and mention of inventor
- Rule 66-70: mention of inventor, request, claim and hearing
- Rule 74-74A: form of patent certificate and inspection after grant
- Patent grant and certificate: rights of patentee
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.